Entire Agreement

By agreeing to this Commercial Credit Application, YOU hereby acknowledge and agree that YOU are applying for a Commercial Credit Account with Marcliff Engineering Pty Ltd on the conditions that YOU together with the Marcliff Engineering will constitute a Commercial Credit Agreement between us for the purposes of the Personal Property Securities Act 2009 (“PPSA”) and all purchases of goods or services by YOU the customer from Marcliff Engineering the Supplier will be subject to the following terms and conditions of sale which are incorporated into any contract for the provision of goods and/or services by the Supplier (Marcliff Engineering) to the Customer (YOU): -

Controlling Terms

Marcliff Engineering may, in its sole discretion and without requiring any reason to do so, at any time, suspend or terminate YOUR commercial trading account without notice.

Acceptance of Orders

All orders are subject to acceptance by Marcliff Engineering the Supplier and hereafter referred to as Marcliff Engineering due to the high cost of processing orders, a minimum order of $200.00 is required.

Prices

Prices are subject to change without notice. Please be aware that orders will be invoiced at the pricing prevailing at the time of the order. Prices are not guaranteed.

Credit Limit

Marcliff Engineering specifies the maximum (GST Inclusive) Credit Limit amount that may be charged to the Account over a particular period (Credit Limit). YOUR Credit Limit is subject to review at any time by Marcliff Engineering the Supplier. Marcliff Engineering the Supplier may, on request in writing by YOU the Customer, agree in writing to increase or decrease the Credit Limit. The balance of the Account at any time must not exceed the Credit Limit. Marcliff Engineering is not responsible for any loss or damages whatsoever caused arising from refusal by Marcliff Engineering to supply the YOU the Customer with any products on credit because the Credit Limit has been exceeded. YOU the Customer agrees to immediately pay the amounts charged to YOUR account for any products supplied by Marcliff Engineering in excess of the Credit Limit, whether or not demand for payment has been made by Marcliff Engineering.

Transportation and Risk of Loss

Marcliff Engineering the Supplier is not liable or responsible for loss or damage in transit. Deliveries should be carefully checked upon delivery for total carton count and condition. Any shortage or evidence of damage must be noted on the freight carrier’s delivery receipt and reported immediately to Marcliff Engineering. Any short deliveries in unopened cartons that be attributed to picking/packing errors must be reported to Marcliff Engineering within two (2) working days of receipt of goods

Cancellation or Modification

All special orders are to be in the form of written confirmation. Cancellation or return of special orders will not be accepted.

Warranty and Disclaimer

All warranties whether express or implied and whether statutory or otherwise with regards to the goods supplied to the company as to quality, fitness for purpose or any other matter are hereby excluded except insofar as any such warranties are incapable of exclusion at law. .

Return of Material

All returns must be authorised in advance by Marcliff Engineering. All credit claims must be made within two (2) working days of the invoice date. Authorised returns will be assessed at a 15% restocking charge and must be shipped to Marcliff Engineering prepaid by YOU the Customer. There may be additional fees incurred if the product is deemed to have been received in an unsaleable condition (for example un-bagged, product price tagged, other markings on product, etc).

Indemnity

YOU the Customer are responsible for and indemnify Marcliff Engineering against any unauthorised use of YOUR account.

Payment

Time for payment shall be of the essence. Events of default by YOU the Customer for the purpose of sS23 of the PPSA shall include failure to pay any monies due, the insolvency of YOU the Customer, or a failure by YOU the Customer to comply with any of its other obligations under this Commercial Credit Application. In the event of any such default, all monies payable, whether or not due for payment, shall become immediately payable by YOU the Customer.

Secured Interest

Marcliff Engineering the Supplier shall have the right to register a financing statement for that PMSI pursuant to the PPSA and YOU the Customer agrees to execute any documents and do all other things required by Marcliff Engineering the Supplier to ensure that Marcliff Engineering the Supplier maintains a perfected security interest as that term is defined in the PPSA. YOU the Customer agree that such PMSI will have priority over all other security interests in the goods.

Back Orders

No deductions are allowed for freight on back orders. Marcliff Engineering will endeavour to ship the bulk of your order at one time and back ordered products will be shipped as soon as possible thereafter. All back orders are cancelled after three (3) months unless otherwise instructed by YOU the Customer. Part shipments may be made and orders will be considered complete if Marcliff Engineering the Supplier is unable to deliver the entire order. In such event, YOU the Customer waives its right to claim a reduction in price or cancellation of sale.

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